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Welfare Reform Bill


Welfare Reform Bill
Part 1 — Social security

26

 

(2)   

Where, after the agreement of any person (“P”) to pay a penalty under

the appropriate penalty provision is taken into account for the

purposes of the application of section 6B in relation to that person—

(a)   

P’s agreement to pay the penalty is withdrawn under

subsection (5) of the appropriate penalty provision, or

5

(b)   

it is decided on an appeal or in accordance with regulations

under the Social Security Act 1998 or the Social Security

(Northern Ireland) Order 1998 that the overpayment to which

the agreement relates is not recoverable or due,

   

all such payments and other adjustments shall be made as would be

10

necessary if no restriction had been imposed by or under section 6B that

could not have been imposed if P had not agreed to pay the penalty.

(3)   

Where, after the agreement (“the old agreement”) of any person (“P”) to

pay a penalty under the appropriate penalty provision is taken into

account for the purposes of the application of section 6B in relation to

15

P, the amount of the overpayment to which the penalty relates is

revised on an appeal or in accordance with regulations under the Social

Security Act 1998 or the Social Security (Northern Ireland) Order

1998—

(a)   

section 6B shall cease to apply by virtue of the old agreement,

20

and

(b)   

subsection (4) shall apply.

(4)   

Where this subsection applies—

(a)   

if there is a new disqualifying event consisting of—

(i)   

P’s agreement to pay a penalty under the appropriate

25

penalty provision in relation to the revised

overpayment, or

(ii)   

P being cautioned in relation to the offence to which the

old agreement relates,

   

the disqualification period relating to the new disqualifying

30

event shall be reduced by the number of days in so much of the

disqualification period relating to the old agreement as had

expired when section 6B ceased to apply by virtue of the old

agreement, and

(b)   

in any other case, all such payments and other adjustments shall

35

be made as would be necessary if no restriction had been

imposed by or under section 6B that could not have been

imposed if P had not agreed to pay the penalty.

(5)   

For the purposes of section 6B—

(a)   

the date of a person’s conviction in any proceedings of a benefit

40

offence shall be taken to be the date on which the person was

found guilty of that offence in those proceedings (whenever the

person was sentenced) or in the case mentioned in paragraph

(b)(ii) the date of the order for absolute discharge; and

(b)   

references to a conviction include references to—

45

(i)   

a conviction in relation to which the court makes an

order for absolute or conditional discharge or a court in

Scotland makes a probation order,

(ii)   

an order for absolute discharge made by a court of

summary jurisdiction in Scotland under section 246(3)

50

 
 

Welfare Reform Bill
Part 1 — Social security

27

 

of the Criminal Procedure (Scotland) Act 1995 without

proceeding to a conviction, and

(iii)   

a conviction in Northern Ireland.

(6)   

In this section “the appropriate penalty provision” has the meaning

given by section 6B(2)(a).”

5

(2)   

In Schedule 4

(a)   

Part 1 contains further amendments of the Social Security Fraud Act

2001 (c. 11), and

(b)   

Part 2 contains related amendments of other Acts.

20      

Jobseeker’s allowance: sanctions for violent conduct etc. in connection with

10

claim

(1)   

The Jobseekers Act 1995 (c. 18) is amended as follows.

(2)   

After section 20B insert—

“Violent conduct etc. in connection with claim

20C     

Sanctions for violent conduct etc. in connection with claim

15

(1)   

This section applies if—

(a)   

a person (“the offender”) is convicted of, or in England and

Wales is cautioned in respect of, an offence involving violence

or harassment,

(b)   

the conduct constituting the offence was done to, or in relation

20

to, a person who was in the course of exercising functions under

this Act on any premises,

(c)   

the conduct occurred while the offender was on those premises

for the purposes of a claim to a jobseeker’s allowance, and

(d)   

the offender is a person, or a member of a joint-claim couple,

25

with respect to whom the conditions for entitlement to a

jobseeker’s allowance are or become satisfied.

(2)   

In the case of a jobseeker’s allowance other than a joint-claim

jobseeker’s allowance—

(a)   

the allowance is not to be payable in respect of the offender for

30

the period of one week beginning with such date as may be

prescribed (even though the conditions for entitlement are

satisfied); and

(b)   

on the first occasion (if any) on which another sanctions

provision applies in the case of the offender, the sanctions

35

period is to be extended in that case by a period of five weeks.

(3)   

For the purposes of subsection (2)(b)—

(a)   

the reference to another sanctions provision is to any provision

made by or under this Act (other than subsection (2)) which

provides for a jobseeker’s allowance not to be payable for a

40

period; and

(b)   

the reference to the sanctions period is to the period for which

the allowance would (but for subsection (2)(b)) not be payable

by virtue of that provision.

 
 

Welfare Reform Bill
Part 1 — Social security

28

 

(4)   

In the case of a joint-claim jobseeker’s allowance—

(a)   

the offender is to be treated as subject to sanctions for the

purposes of section 20A for the period of one week beginning

with such date as may be prescribed (even though the

conditions for entitlement are satisfied); and

5

(b)   

on the first occasion (if any) on which another sanctions

provision applies in the case of the offender, the sanctions

period is to be extended in that case by a period of five weeks.

(5)   

For the purposes of subsection (4)(b)—

(a)   

the reference to another sanctions provision is to any provision

10

made by or under this Act (other than subsection (4)) which

provides for a member of a joint-claim couple to be (or treated

as being) subject to sanctions for the purposes of section 20A for

a period; and

(b)   

the reference to the sanctions period is to the period for which

15

the member of the couple would (but for subsection (4)(b)) be

(or be treated as being) subject to sanctions for those purposes

by virtue of that provision.

(6)   

Regulations may make provision for subsections (2) and (4) not to

apply at any time after the end of a prescribed period or otherwise in

20

prescribed circumstances.

(7)   

Regulations may make provision for an income-based jobseeker’s

allowance to be payable in prescribed circumstances even though the

preceding provisions of this section prevent payment of it.

   

This subsection does not apply in the case of a joint-claim jobseeker’s

25

allowance (corresponding provision for which is made by section

20B(4)).

(8)   

The provision that may be made by regulations by virtue of subsection

(7) includes, in particular, provision for the allowance to be—

(a)   

payable only if prescribed requirements as to the provision of

30

information are complied with;

(b)   

payable at a prescribed rate;

(c)   

payable for only part of a week.

(9)   

If—

(a)   

a jobseeker’s allowance was not payable, or was payable at a

35

reduced rate, as a result of the application of this section in a

case where a person was convicted of an offence involving

violence or harassment, and

(b)   

the person’s conviction is subsequently quashed,

   

all such payments and other adjustments are to be made as would be

40

necessary if the person had never been convicted of the offence.

20D     

Section 20C: supplementary

(1)   

For the purposes of section 20C in its application in relation to England

and Wales each of the following is an offence involving violence or

harassment—

45

(a)   

common assault or battery;

(b)   

an offence under section 16, 18, 20 or 47 of the Offences against

the Person Act 1861;

 
 

Welfare Reform Bill
Part 1 — Social security

29

 

(c)   

an offence under section 3, 4, 4A or 5 of the Public Order Act

1986;

(d)   

an offence under section 2 or 4 of the Protection from

Harassment Act 1997;

(e)   

an offence under section 29, 31 or 32 of the Crime and Disorder

5

Act 1998;

(f)   

an ancillary offence in relation to an offence within any of

paragraphs (a) to (e).

(2)   

In subsection (1)(f) “ancillary offence”, in relation to an offence, means

any of the following—

10

(a)   

aiding, abetting, counselling or procuring the commission of

the offence;

(b)   

an offence under Part 2 of the Serious Crime Act 2007

(encouraging or assisting crime) in relation to the offence;

(c)   

attempting or conspiring to commit the offence.

15

(3)   

For the purposes of section 20C in its application in relation to Scotland

each of the following is an offence involving violence or harassment—

(a)   

assault;

(b)   

a breach of the peace;

(c)   

an offence under section 50A of the Criminal Law

20

(Consolidation) Scotland Act 1995;

(d)   

an ancillary offence in relation to an offence within any of

paragraphs (a) to (c).

(4)   

In subsection (3)(d) “ancillary offence”, in relation to an offence, means

any of the following—

25

(a)   

being art and part in the commission of the offence or

counselling or procuring its commission;

(b)   

inciting a person to commit the offence;

(c)   

attempting or conspiring to commit the offence.

(5)   

For the purposes of section 20C references to a conviction include

30

references to a conviction in relation to which the court makes an order

for conditional discharge or a court in Scotland makes a probation

order.

(6)   

For the purposes of section 20C “cautioned” means—

(a)   

cautioned after the person concerned has admitted the offence,

35

or

(b)   

reprimanded or warned within the meaning given by section 65

of the Crime and Disorder Act 1998.

(7)   

Regulations may make provision for or in connection with requiring

such persons as may be prescribed to notify the Secretary of State about

40

prescribed matters for the purposes of section 20C.

(8)   

Regulations may amend subsections (1) to (4) by adding or removing

an offence.”

(3)   

In section 37(1)(c) (regulations subject to the affirmative resolution procedure),

after “7,” insert “20D(8),”.

45

 
 

Welfare Reform Bill
Part 1 — Social security

30

 

(4)   

In paragraph 3(d) of Schedule 3 to the Social Security Act 1998 (c. 14) (decisions

against which an appeal lies: payability of benefit), before “of the Jobseekers

Act” insert “or 20C”.

Pilot schemes

21      

State pension credit: pilot schemes

5

(1)   

The State Pension Credit Act 2002 (c. 16) is amended as follows.

(2)   

Before section 19 (but after the italic heading immediately before that section)

insert—

“18A    

Pilot schemes

(1)   

Any regulations to which this subsection applies may be made so as to

10

have effect for a specified period not exceeding 12 months.

(2)   

Subject to subsection (3), subsection (1) applies to—

(a)   

regulations made under this Act, and

(b)   

regulations made under section 1 or 5 of the Administration

Act.

15

(3)   

Subsection (1) only applies to regulations if they are made with a view

to ascertaining whether their provisions will—

(a)   

make it more likely that persons who are entitled to claim state

pension credit will do so;

(b)   

make it more likely that persons who are entitled to claim state

20

pension credit will receive it.

(4)   

Regulations which, by virtue of subsection (1), are to have effect for a

limited period are referred to in this section as a “pilot scheme”.

(5)   

A pilot scheme may, in particular—

(a)   

provide for a relevant provision not to apply, or to apply with

25

modifications, for the purposes of the pilot scheme, and

(b)   

make different provision for different cases or circumstances.

(6)   

For the purposes of subsection (5)(a), a “relevant provision” is—

(a)   

any provision of this Act, and

(b)   

section 1 of the Administration Act.

30

(7)   

A pilot scheme may provide that no account is to be taken of any

payment made under the pilot scheme in considering a person’s—

(a)   

liability to tax,

(b)   

entitlement to benefit under an enactment relating to social

security (irrespective of the name or nature of the benefit), or

35

(c)   

entitlement to a tax credit.

(8)   

A pilot scheme may provide that its provisions are to apply only in

relation to—

(a)   

one or more specified areas or localities;

(b)   

one or more specified classes of person;

40

(c)   

persons selected—

(i)   

by reference to prescribed criteria, or

 
 

Welfare Reform Bill
Part 1 — Social security

31

 

(ii)   

on a sampling basis.

(9)   

A pilot scheme may make consequential or transitional provision with

respect to the cessation of the scheme on the expiry of the specified

period.

(10)   

A pilot scheme may be replaced by a further pilot scheme making the

5

same or similar provision.

(11)   

The power of the Secretary of State to make regulations which, by

virtue of this section, are to have effect for a limited period is

exercisable only with the consent of the Treasury.”

(3)   

In section 19 (regulations and orders) after subsection (2) insert—

10

“(2A)   

A statutory instrument containing regulations which, by virtue of

section 18A, are to have effect for a limited period shall not be made

unless a draft of the instrument has been laid before, and approved by

a resolution of, each House of Parliament.”

22      

Period for which pilot schemes have effect etc.

15

(1)   

In section 29 of the Jobseekers Act 1995 (c. 18) (pilot schemes)—

(a)   

in subsection (1), for “12 months” substitute “36 months”, and

(b)   

in subsection (8), for the words from “facilitate” to the end substitute

“make it more likely that persons will obtain or remain in work or be

able to do so”.

20

(2)   

In section 19(1) of the Welfare Reform Act 2007 (c. 5) (pilot schemes), for “24

months” substitute “36 months”.

Miscellaneous

23      

Contracting out functions under Jobseekers Act 1995

(1)   

The Jobseekers Act 1995 is amended as follows.

25

(2)   

Before section 21 (but after the italic heading immediately before that section)

insert—

“20E    

Contracting out

(1)   

The following functions of the Secretary of State may be exercised by,

or by employees of, such person (if any) as the Secretary of State may

30

authorise for the purpose, namely—

(a)   

conducting interviews under section 11A;

(b)   

providing documents under section 11C;

(c)   

giving, varying or revoking directions under section 18B(4);

(d)   

asking questions under paragraph 1 of Schedule A1;

35

(e)   

making decisions under paragraph 2 or 3 of that Schedule;

(f)   

exercising any functions in relation to rehabilitation plans

under paragraph 6 of that Schedule.

(2)   

The following functions of officers of the Secretary of State may be

exercised by, or by employees of, such person (if any) as the Secretary

40

of State may authorise for the purpose, namely—

 
 

Welfare Reform Bill
Part 1 — Social security

32

 

(a)   

specifying places and times, and being contacted, under section

8;

(b)   

entering into or varying any jobseeker’s agreement under

section 9 or 10 and referring any proposed agreement or

variation to the Secretary of State under section 9 or 10;

5

(c)   

giving notifications under section 16 or 18A;

(d)   

giving, varying or revoking directions under section 18A.

(3)   

Regulations may provide for any of the following functions of the

Secretary of State to be exercisable by, or by employees of, such person

(if any) as the Secretary of State may authorise for the purpose—

10

(a)   

any function under regulations under section 8, 11A, 11C, 17A

or 18B or Schedule A1, except the making of an excluded

decision (see subsection (4));

(b)   

the function under section 9(1) of the 1998 Act (revision of

decisions) so far as relating to decisions (other than excluded

15

decisions) that relate to any matter arising under any such

regulations;

(c)   

the function under section 10(1) of the 1998 Act (superseding of

decisions) so far as relating to decisions (other than excluded

decisions) of the Secretary of State that relate to any matter

20

arising under any such regulations;

(d)   

any function under Chapter 2 of Part 1 of the 1998 Act (social

security decisions), except section 25(2) and (3) (decisions

involving issues arising on appeal in other cases), which relates

to the exercise of any of the functions within paragraphs (a) to

25

(c).

(4)   

Each of the following is an “excluded decision” for the purposes of

subsection (3)—

(a)   

a decision about whether a person has failed to comply with a

requirement imposed by regulations under section 8, 11A or

30

17A or Schedule A1;

(b)   

a decision about whether a person had good cause for failure to

comply with such a requirement;

(c)   

a decision about not paying or reducing a jobseeker’s allowance

in consequence of a failure to comply with such a requirement.

35

(5)   

Regulations under subsection (3) may provide that a function to which

that subsection applies may be exercised—

(a)   

either wholly or to such extent as the regulations may provide,

(b)   

either generally or in such cases as the regulations may provide,

and

40

(c)   

either unconditionally or subject to the fulfilment of such

conditions as the regulations may provide.

(6)   

An authorisation given by virtue of any provision made by or under

this section may authorise the exercise of the function concerned—

(a)   

either wholly or to such extent as may be specified in the

45

authorisation,

(b)   

either generally or in such cases as may be so specified, and

(c)   

either unconditionally or subject to the fulfilment of such

conditions as may be so specified;

 
 

 
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